The Veteran's right knee strain is currently rated at 10 percent from November 23, 2011 to February 23, 2016. A separate rating of 20 percent for the right meniscal tear and a separate rating of 10 percent for right knee instability are granted effective November 23, 2011.,The Veteran's right knee arthroplasty (TKA) does not meet the criteria for an initial disability rating in excess of 30 percent.
The deciding factor: The medical evidence did not show limitation of motion that would warrant a higher rating under the applicable diagnostic codes, and there was no evidence of occasional incapacitating exacerbations to support a higher rating under DC 5003.
- Claimed conditions
- Right Knee Strain, Right Meniscal Tear, Right Knee Instability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 9, 2019
- Citation
- 19177869
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Partly granted
The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected hypertension and an earlier effective date of May 14, 2018, for radiculopathy right lower extremity. Other claims were denied.
- Partly granted
The Board denied a rating higher than 20 percent for right knee limitation of motion but granted a separate 10 percent rating, but no higher, for right knee instability.
- Remanded (sent back)
The Board remands the claims for further development and to ensure compliance with VA's duty to assist.
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